Exeter City Council (20 013 187)
Category : Housing > Allocations
Decision : Closed after initial enquiries
Decision date : 25 May 2021
The Ombudsman's final decision:
Summary: We will not investigate Miss X’s complaint about delay by the Council in reviewing its decision on her housing need. This is because the Council has completed its review, accepted it has a housing duty to Miss X and backdated her new banding. We cannot add to this.
The complaint
- Miss X complains about delay by the Council in completing a review of its decision that she was intentionally homeless. This has caused Miss X stress.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions a council has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
How I considered this complaint
- I have considered what Miss X said in her complaint and I have sent her my draft decision on it for her comments. I have considered the comments she made in response in reaching this final decision.
What I found
- Miss X complained to us after waiting since September 2020 for the Council to provide its review of its decision that she was intentionally homeless. This was after Miss X left her property due to anti-social behaviour, and went to stay with a relative.
- The Council has provided its review decision. It has explained the delay and confirmed that, for various reasons, it has used its discretion to overturn its earlier decision and to accept it owes Miss X a main housing duty. It has backdated this to April 2020.
Analysis
- The Council actions provide a suitable resolution to this complaint and one that we cannot add to. There are not grounds therefore for us to investigate.
Final decision
- My decision is we will not investigate this complaint. This is because we cannot add to the actions the Council has already taken, which provide a suitable resolution to this complaint.
Investigator's decision on behalf of the Ombudsman